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Madan Lal vs State of Rajasthan

Rajasthan High Court · Decided on 12 September 2012 · Citation: (2013) 1 WLN 351

HON’BLE JUDGES
Nirmaljit Kaur, J
ACTS & SECTIONS REFERRED
Criminal Procedure Code, 1973 (CrPC) — Section 482
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Petition No. 2112 of 2012
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Judgment

5 paragraphs · 342 words

Nirmaljit Kaur, J.—This is petition under Sec. 482 Cr.P.C. against the order dt. 13.08.2012 passed by Additional District Judge, Anoopgarh, vide which, the trial Court has dismissed the application filed by SHO, Police Station Anoopgarh for obtaining original agreement to sale for the purpose of FSL. The facts in short are that in pursuance to the investigation conducted in the FIR in hand, the SHO, Police Station, Anoopgarh filed an application before the Court of Additional District Judge, Anoopgarh for getting the original agreement to sale examined from FSL. However, the said application was dismissed by the trial Court on 13.08.2012.

2.

It is contended by learned counsel for the petitioner that as per General Rule (Civil), 1986, the complainant or prosecution is entitled to obtain the original documents. In the instant case, the original agreement to sale is necessary for obtaining FSL report in order to ascertain the truth.

3.

It is not disputed that the said issue is squarely covered by the judgment rendered by this Court in the case of Borilal Vs. State of Rajasthan and Others, , as well as, Smt. Laxmi Devi vs. State of Rajasthan, (S.B. Criminal Misc. Petition No. 1944/2012), decided on 17.08.2012.

4.

In view of the above settled proposition of law and keeping in view the specific allegations, this Court is of the opinion that the said FSL report may be necessary for adjudication of case. Considering the circumstances and in the interest of justice, the Civil Court trying the suit No. 159/2011 is directed, in accordance with Rule 181 of the Rules of 1986, to hand over the said original document to the SHO, Police Station, Anoopgarh for investigation after keeping certified copy thereof on record. The Investigating Officer shall send the document to Forensic Science Laboratory for scientific examination and comparison, which shall be conducted as early as possible. The original document shall be re-send from the FSL after examination for placing the same on the record of the civil Court.

The criminal misc. petition is allowed in the above terms.